Safety Zone; Mississippi River Between Mile 467.0 and 472.0; Transylvania, LA, 63923-63926 [2015-26958]

Download as PDF Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). asabaliauskas on DSK5VPTVN1PROD with RULES D. Federalism and Indian Tribal Governments A rule has implications for federalism under E.O. 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in E.O. 13132. Also, this rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security VerDate Sep<11>2014 16:39 Oct 21, 2015 Jkt 238001 Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969(42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves temporary and limited safety zone in Pago Pago Harbor. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Safety measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165— REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ from the surface of the water to the ocean floor. (b) Enforcement period. This rule will be enforced from 10:00 a.m. (SST) to 4:00 p.m. (SST) on November 11, 2015 and from 10:00 a.m. (SST) to 4:00 p.m. (SST) on November 27, 2015. (c) Regulations. (1) All persons and vessels not registered with the sponsor as participants or support/enforcement vessels are considered spectators. The ‘‘support/enforcement vessels’’ consist of any territory, or local law enforcement and sponsor provided vessels assigned or approved by the Captain of the Port Honolulu to patrol the safety zone. (2) No spectator shall anchor, block, loiter or impede the through transit of participants or support/enforcement vessels in the safety zone during the effective date and times, unless cleared for entry by or through a support/ enforcement vessel. (3) Spectator vessels may be moored to a waterfront facility within the safety zone in such a way that they shall not interfere with the progress of the event. Such mooring must be complete at least 30 minutes prior to the establishment of the safety zone and remain moored through the duration of the event. (d) Informational Broadcasts. The Captain of the Port or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the safety zone. The harbor will remain closed until the Coast Guard issues an ‘‘All Clear’’ for the harbor after the race has concluded the harbor is deemed safe for normal operations. (e) Penalties. Vessels or persons violating this rule would be subject to the penalties set forth in 33 U.S.C. 1232. Dated: September 29, 2015. S.N. Gilreath, Captain, U.S. Coast Guard, Captain of the Port Honolulu. [FR Doc. 2015–26955 Filed 10–21–15; 8:45 am] BILLING CODE 9110–04–P Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. DEPARTMENT OF HOMELAND SECURITY 2. Add § 165.T15–0906 to read as follows: Coast Guard § 165.T15–0906 Safety Zone; Pago Pago Harbor, America Samoa. 33 CFR Part 165 (a) Location. The following area is a safety zone: Breakers Point (eastern edge of Pago Pago Harbor entrance) thence southeast to 14°18′47″ S, 170°38′54.5″ W thence southwest to 14°19′03″ S, 170°39′14″ W, thence northwest to Tulutulu Point and then following the coastline encompassing Pago Pago Harbor. This regulated area extends [Docket Number USCG–2015–0893] ■ PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 63923 RIN 1625–AA00 Safety Zone; Mississippi River Between Mile 467.0 and 472.0; Transylvania, LA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: E:\FR\FM\22OCR1.SGM 22OCR1 63924 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations The Coast Guard is establishing an emergency temporary safety zone for all waters of the Lower Mississippi River between mile 467.0 and 472.0. Transit into and through this area is prohibited beginning at 11:32 p.m. on September 10, 2015 and will continue through October 31, 2015 or until the width and depth of the navigational channel improves. This safety zone is needed to protect persons, property and infrastructure from the safety hazards associated with the navigational channel being reduced in width and depth due to shallow water and shifting shoals. This has created an especially hazardous situation that does not allow for normal transit through this reach of the river. Deviation from the safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Lower Mississippi River or a designated representative. SUMMARY: This rule is effective without actual notice from October 22, 2015 until 11:59 p.m. on October 31, 2015. For purposes of enforcement, actual notice will be used from 11:32 p.m. on September 10, 2015 until October 22, 2015. DATES: Documents mentioned in this preamble are part of docket [USCG– 2015–0893]. To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. ADDRESSES: If you have questions on this rule, call or email LT Tyrone L. Conner, U.S. Coast Guard; telephone 901–521–4825, email Tyrone.L.Conner@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone 202–366–9826. FOR FURTHER INFORMATION CONTACT: asabaliauskas on DSK5VPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: Table of Acronyms APA Administrative Procedures Act BNM Broadcast Notice to Mariners COTP Captain of the Port DHS Department of Homeland Security FR Federal Register LNM Local Notice to Mariners MM Mile Marker NPRM Notice of Proposed Rulemaking VerDate Sep<11>2014 17:45 Oct 21, 2015 Jkt 238001 A. Regulatory History and Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule. On September 10, 2015 the Coast Guard was notified that shallow water and shifting shoals have reduced the width and depth of the navigational channel, creating an especially hazardous situation that does not to allow for normal transit through this reach of the river. This safety zone may include waterways closures, navigation restrictions, and/or other requirements that are vital to maintaining safe navigation. Accordingly, the Coast Guard has determined that immediate and emergency action is necessary to restrict navigation on this stretch of the river. Therefore, it is impracticable to publish an NPRM because we must establish this safety zone by September 10, 2015. Broadcast Notices to Mariners (BNM) and information sharing with the waterway users will update mariners of the restrictions, requirements, and enforcement times during this emergency situation. For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this emergency rule effective less than 30 days after publication in the Federal Register. Delaying the effect date of this rule would be contrary to public interest because immediate action is needed to protect life and property from the hazards associated with and resulting from the navigational channel being reduced in width and depth due to shallow water and shifting shoals. This situation has created an especially hazardous situation that does not to allow for normal transit through this reach of the river. Accordingly, the Coast Guard has determined that immediate and emergency action is necessary to restrict navigation on this stretch of the river. B. Basis and Purpose The legal basis and authorities for this rule are found in 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1; 6.04–1, PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish and define safety zones. The purpose of this emergency safety zone is to protect life and property from safety hazards associated with the navigational channel being reduced in width and depth due to shallow water and shifting shoals. This situation poses significant safety hazards to vessels and mariners operating in the area. Establishing a safety zone that may include waterways closures, navigation restrictions, and/or other requirements that extends from mile 467.0 to mile 472.0 on Mississippi River is necessary for the Coast Guard to maintain navigational safety. C. Discussion of the Temporary Final Rule The Coast Guard is establishing a temporary emergency safety zone for all vessel traffic on the Mississippi River between mile 467.0 and mile 472.0, extending the entire width of the Mississippi River. Transit into and through this area is prohibited beginning at 11:32 p.m. on September 10, 2015 and will continue through October 31, 2015 or until navigational channel width and depth is improved and response efforts are complete. Deviation from this emergency safety zone is prohibited unless specifically authorized by the COTP Lower Mississippi River, or a designated representative. Deviation requests will be considered and reviewed on a caseby-case basis. The COTP Lower Mississippi River may be contacted by telephone at 1–901–521–4822 or can be reached by VHF–FM channel 16. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes or executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. This rule establishes a temporary emergency safety zone for E:\FR\FM\22OCR1.SGM 22OCR1 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit the Mississippi River, from 11:32 p.m. on September 10, 2015 to 11:59 p.m. on October 31, 2015. This emergency safety zone will not have a significant economic impact on a substantial number of small entities due to its limited scope and short duration. Additionally, requests to deviate from the rule will be considered on a case-bycase basis. Notifications to the marine community will be made through BNM, LNM, and communications with local waterway users. Notices of changes to the safety zone and effective times will also be made. asabaliauskas on DSK5VPTVN1PROD with RULES vessels on all waters of the Mississippi River from mile 467.0 to mile 472.0. Notifications of enforcement times will be communicated to the marine community via BNM and through Local Notice to Mariners (LNM). The impacts on navigation will be limited to ensuring the safety of mariners and vessels associated with hazards associated with the navigational channel being reduced in width, depth, shoaling, swift currents, and stream eddies. This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman VerDate Sep<11>2014 16:39 Oct 21, 2015 Jkt 238001 4. Collection of Information 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INTFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 63925 Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. 11. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. Because this safety zone is established in response to an emergency situation and is less than one week in duration, an environmental analysis checklist and a categorical exclusion determination are not required. Should this emergency situation require a safety zone lasting longer than one week, an environmental analysis checklist and a categorical exclusion determination will be made available as indicated under ADDRESSES. E:\FR\FM\22OCR1.SGM 22OCR1 63926 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations Dated: September 10,2015. T.J. Wendt, Captain, U.S. Coast Guard, Captain of the Port, Lower Mississippi River. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. [FR Doc. 2015–26958 Filed 10–21–15; 8:45 am] BILLING CODE 9110–04–P For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: DEPARTMENT OF HOMELAND SECURITY PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Coast Guard 1. The authority citation for part 165 continues to read as follows: 33 CFR Part 165 Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1; 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. RIN 1625–AA00 ■ [Docket Number USCG–2015–0894] Safety Zone; Mississippi River Between Mile 488.0 and 480.5; Lake Providence, LA 2. A new temporary § 165.T08–0893 is added to read as follows: AGENCY: § 165.T08–0893 Safety Zone; Mississippi River between mile 467.0 and 472.0, Transylvania, LA. SUMMARY: asabaliauskas on DSK5VPTVN1PROD with RULES ■ (a) Location. The following area is a safety zone: All waters of the Mississippi River between mile 467.0 and mile 472.0, Transylvania, LA, extending the entire width of the Mississippi River. (b) Effective and Enforcement Period. This rule is effective from 11:32 p.m. on September 10, 2015 until 11:59 p.m. on October 31, 2015, or unless the width and depth of the river improve earlier and response efforts are complete, whichever occurs earlier. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless authorized by the Captain of the Port (COTP) Lower Mississippi River or a designated representative. (2) Persons or vessels desiring to enter into or passage through the zone must request permission from the COTP Lower Mississippi River or a designated representative. They may be contacted on VHF–FM channel 16 or by telephone at 901–521–4822. (3) If permission is granted, all persons and vessels shall comply with the instructions of the COTP Lower Mississippi River or designated representative. (d) Informational Broadcasts. The COTP Lower Mississippi River or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the emergency safety zone as well as any changes in the dates and times of enforcement. VerDate Sep<11>2014 16:39 Oct 21, 2015 Jkt 238001 ACTION: Coast Guard, DHS. Temporary final rule. The Coast Guard is establishing an emergency temporary safety zone for all waters of the Lower Mississippi River between mile 488.0 and 480.5. Transit into and through this area is prohibited beginning at 5:43 p.m. on September 9, 2015 and will continue through October 31, 2015 or until the width and depth of the navigational channel improves. This safety zone is needed to protect persons, property and infrastructure from the safety hazards associated with the navigational channel being reduced in width and depth due to shallow water and shifting shoals. This has created an especially hazardous situation that does not allow for normal transit through this reach of the river. Deviation from the safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Lower Mississippi River or a designated representative. DATES: This rule is effective without actual notice from October 22, 2015 until 11:59 p.m. on October 31, 2015. For purposes of enforcement, actual notice will be used from 5:43 p.m. on September 9, 2015 until October 22, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2015–0894]. To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Tyrone L. Conner, U.S. Coast Guard; telephone 901–521–4825, email Tyrone.L.Conner@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms APA Administrative Procedures Act BNM Broadcast Notice to Mariners COTP Captain of the Port DHS Department of Homeland Security FR Federal Register LNM Local Notice to Mariners MM Mile Marker NPRM Notice of Proposed Rulemaking A. Regulatory History and Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule. On September 9, 2015, the Coast Guard was notified that shallow water and shifting shoals have reduced the width and depth of the navigational channel, creating an especially hazardous situation that does not to allow for normal transit through this reach of the river. This safety zone may include waterways closures, navigation restrictions, and/or other requirements that are vital to maintaining safe navigation. Accordingly, the Coast Guard has determined that immediate and emergency action is necessary to restrict navigation on this stretch of the river. Therefore, delaying the effective date for this emergency safety zone to complete the NPRM process is impracticable because we must establish this safety zone by September 9, 2015. Broadcast Notices to Mariners (BNM) and information sharing with the waterway users will update mariners of the restrictions, requirements, and enforcement times during this emergency situation. For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that E:\FR\FM\22OCR1.SGM 22OCR1

Agencies

[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Rules and Regulations]
[Pages 63923-63926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26958]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0893]
RIN 1625-AA00


Safety Zone; Mississippi River Between Mile 467.0 and 472.0; 
Transylvania, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 63924]]

SUMMARY: The Coast Guard is establishing an emergency temporary safety 
zone for all waters of the Lower Mississippi River between mile 467.0 
and 472.0. Transit into and through this area is prohibited beginning 
at 11:32 p.m. on September 10, 2015 and will continue through October 
31, 2015 or until the width and depth of the navigational channel 
improves. This safety zone is needed to protect persons, property and 
infrastructure from the safety hazards associated with the navigational 
channel being reduced in width and depth due to shallow water and 
shifting shoals. This has created an especially hazardous situation 
that does not allow for normal transit through this reach of the river. 
Deviation from the safety zone is prohibited unless specifically 
authorized by the Captain of the Port (COTP) Lower Mississippi River or 
a designated representative.

DATES: This rule is effective without actual notice from October 22, 
2015 until 11:59 p.m. on October 31, 2015. For purposes of enforcement, 
actual notice will be used from 11:32 p.m. on September 10, 2015 until 
October 22, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0893]. To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Tyrone L. Conner, U.S. Coast Guard; telephone 901-521-
4825, email Tyrone.L.Conner@uscg.mil. If you have questions on viewing 
or submitting material to the docket, call Cheryl F. Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
MM Mile Marker
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule.
    On September 10, 2015 the Coast Guard was notified that shallow 
water and shifting shoals have reduced the width and depth of the 
navigational channel, creating an especially hazardous situation that 
does not to allow for normal transit through this reach of the river. 
This safety zone may include waterways closures, navigation 
restrictions, and/or other requirements that are vital to maintaining 
safe navigation. Accordingly, the Coast Guard has determined that 
immediate and emergency action is necessary to restrict navigation on 
this stretch of the river.
    Therefore, it is impracticable to publish an NPRM because we must 
establish this safety zone by September 10, 2015. Broadcast Notices to 
Mariners (BNM) and information sharing with the waterway users will 
update mariners of the restrictions, requirements, and enforcement 
times during this emergency situation.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this emergency rule effective 
less than 30 days after publication in the Federal Register. Delaying 
the effect date of this rule would be contrary to public interest 
because immediate action is needed to protect life and property from 
the hazards associated with and resulting from the navigational channel 
being reduced in width and depth due to shallow water and shifting 
shoals. This situation has created an especially hazardous situation 
that does not to allow for normal transit through this reach of the 
river. Accordingly, the Coast Guard has determined that immediate and 
emergency action is necessary to restrict navigation on this stretch of 
the river.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define safety 
zones.
    The purpose of this emergency safety zone is to protect life and 
property from safety hazards associated with the navigational channel 
being reduced in width and depth due to shallow water and shifting 
shoals. This situation poses significant safety hazards to vessels and 
mariners operating in the area. Establishing a safety zone that may 
include waterways closures, navigation restrictions, and/or other 
requirements that extends from mile 467.0 to mile 472.0 on Mississippi 
River is necessary for the Coast Guard to maintain navigational safety.

C. Discussion of the Temporary Final Rule

    The Coast Guard is establishing a temporary emergency safety zone 
for all vessel traffic on the Mississippi River between mile 467.0 and 
mile 472.0, extending the entire width of the Mississippi River. 
Transit into and through this area is prohibited beginning at 11:32 
p.m. on September 10, 2015 and will continue through October 31, 2015 
or until navigational channel width and depth is improved and response 
efforts are complete. Deviation from this emergency safety zone is 
prohibited unless specifically authorized by the COTP Lower Mississippi 
River, or a designated representative. Deviation requests will be 
considered and reviewed on a case-by-case basis. The COTP Lower 
Mississippi River may be contacted by telephone at 1-901-521-4822 or 
can be reached by VHF-FM channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This rule establishes a 
temporary emergency safety zone for

[[Page 63925]]

vessels on all waters of the Mississippi River from mile 467.0 to mile 
472.0. Notifications of enforcement times will be communicated to the 
marine community via BNM and through Local Notice to Mariners (LNM). 
The impacts on navigation will be limited to ensuring the safety of 
mariners and vessels associated with hazards associated with the 
navigational channel being reduced in width, depth, shoaling, swift 
currents, and stream eddies.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
the Mississippi River, from 11:32 p.m. on September 10, 2015 to 11:59 
p.m. on October 31, 2015. This emergency safety zone will not have a 
significant economic impact on a substantial number of small entities 
due to its limited scope and short duration. Additionally, requests to 
deviate from the rule will be considered on a case-by-case basis. 
Notifications to the marine community will be made through BNM, LNM, 
and communications with local waterway users. Notices of changes to the 
safety zone and effective times will also be made.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. 
Because this safety zone is established in response to an emergency 
situation and is less than one week in duration, an environmental 
analysis checklist and a categorical exclusion determination are not 
required. Should this emergency situation require a safety zone lasting 
longer than one week, an environmental analysis checklist and a 
categorical exclusion determination will be made available as indicated 
under ADDRESSES.

[[Page 63926]]

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. A new temporary Sec.  165.T08-0893 is added to read as follows:


Sec.  165.T08-0893  Safety Zone; Mississippi River between mile 467.0 
and 472.0, Transylvania, LA.

    (a) Location. The following area is a safety zone: All waters of 
the Mississippi River between mile 467.0 and mile 472.0, Transylvania, 
LA, extending the entire width of the Mississippi River.
    (b) Effective and Enforcement Period. This rule is effective from 
11:32 p.m. on September 10, 2015 until 11:59 p.m. on October 31, 2015, 
or unless the width and depth of the river improve earlier and response 
efforts are complete, whichever occurs earlier.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port (COTP) Lower Mississippi River or 
a designated representative.
    (2) Persons or vessels desiring to enter into or passage through 
the zone must request permission from the COTP Lower Mississippi River 
or a designated representative. They may be contacted on VHF-FM channel 
16 or by telephone at 901-521-4822.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the COTP Lower Mississippi River or designated 
representative.
    (d) Informational Broadcasts. The COTP Lower Mississippi River or a 
designated representative will inform the public through broadcast 
notices to mariners of the enforcement period for the emergency safety 
zone as well as any changes in the dates and times of enforcement.

    Dated: September 10,2015.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Lower Mississippi 
River.
[FR Doc. 2015-26958 Filed 10-21-15; 8:45 am]
BILLING CODE 9110-04-P
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